Stanley T. Norton v. State of Arkansas
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ARKANSAS SUPREME COURT
No.
CR 08-1020
Opinion Delivered
STANLEY T. NORTON
Petitioner
v.
STATE OF ARKANSAS
Respondent
November 20, 2008
PRO SE MOTION FOR BELATED
APPEAL OF JUDGMENTS OF
CONVICTION [CIRCUIT COURT OF
JEFFERSON COUNTY, CR 96-302, CR
96-5, HON. FRED DAVIS, JUDGE]
MOTION DISMISSED.
PER CURIAM
On November 7, 1996, petitioner Stanley T. Norton was found guilty in a trial to the bench
of battery in the first degree and sentenced to 264 months’ imprisonment. No appeal was taken from
the judgment. On December 13, 1996, petitioner entered a plea of guilty to residential burglary,
attempted murder in the first degree, and rape. He was sentenced to an aggregate term of 480
months’ imprisonment to be served consecutively to the 264 months’ imprisonment imposed in the
prior case.
On August 28, 2008, nearly twelve years after the judgments were entered, petitioner filed
the instant pro se motion seeking leave to proceed with a belated appeal of the two judgments. He
argues that his attorneys in the trial court were at fault for failing to perfect appeals from the
judgments.
Even if petitioner had demonstrated in his motion that he was entitled to appeal from the
judgment entered on a plea of guilty in his second conviction, the motion was not timely filed as to
either judgment. Belated appeals in criminal cases are governed by Rule 2(e) of the Rules of
Appellate Procedure--Criminal. The rule provides in pertinent part that no motion for belated appeal
shall be entertained by the Supreme Court unless application has been made to the Supreme Court
within eighteen months of the date of entry of judgment. The eighteen-month period to file a motion
for belated appeal in the cases at issue elapsed in 1998.
It is incumbent on a petitioner to file a motion for belated appeal in a timely manner
inasmuch as an untimely motion for belated appeal is subject to dismissal. Hayes v. State, 328 Ark.
95, 940 S.W.2d 886 (1997) (per curiam). As petitioner failed to file the motion within the period
allowed by Rule 2(e), the motion is dismissed.
Motion dismissed.
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